[2021] KEHC 8228 (KLR)
The court determined that it would be unjust to proceed with the determination of the consolidated criminal appeals when only one appellant had filed written submissions and it was unclear whether the other two appellants had been furnished with the necessary records to enable them to do so. The court emphasized the...
Source-derived case information.
- Citation
- [2021] KEHC 8228 (KLR)
- Parties
- Appellant: Elian Okari; Appellant: Elvis Lisimba; Appellant: Eugine Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2, 60 & 61 of 2019
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Submissions
- Outcome
- Interlocutory orders issued; appeal determination deferred.
- Judges
- DN Musyoka
- Legal Topics
- Right to Be Heard, Appeal Procedure, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elian Okari
Appellant
Elvis Lisimba
Appellant
Eugine Barasa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Submissions
Legal Issues
- 1 Whether it is just to proceed with the appeal determination when only one appellant has filed written submissions.
- 2 Whether the two appellants were furnished with the necessary records to enable them file submissions.
Ratio Decidendi
The court determined that it would be unjust to proceed with the determination of the consolidated criminal appeals when only one appellant had filed written submissions and it was unclear whether the other two appellants had been furnished with the necessary records to enable them to do so. The court emphasized the need to uphold the right to be heard and directed the Deputy Registrar to ensure that the two appellants are provided with the typed proceedings and judgment, and that their written submissions are received before the matter proceeds further.
Court Disposition
Interlocutory orders issued; appeal determination deferred.
Orders
- The Deputy Registrar is directed to ensure that the 2nd and 3rd appellants are furnished with copies of the typed proceedings and judgment.
- The written submissions of the 2nd and 3rd appellants are to be received before further proceedings.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL APPEAL NO. 2 OF 2019
(CONSOLIDATED WITH KAKAMEGA HCCRA NOS. 60 AND 61 OF 2019)
(From Original Conviction and Sentence Kakamega CMCSOC No. 2 of 2006, by Hon. E. Malesi, Senior Resident Magistrate, of 23rd May 2019
ELIAN OKARI...........1ST APPELLANT
ELVIS LISIMBA.......2ND APPELLANT
EUGINE BARASA....3RD APPELLANT
VERSUS
REPUBLIC......................RESPONDENT
RULING
1. In the course of preparing judgment herein it has transpired that only the 1st appellant, Elian Okari, has filed written submissions. The other appellants, Elvis Lisimba and Eugine Barasa, have not.
2. It would be unjust to determine the matter without the input of the two appellants.
3. It is not clear from the record whether the Deputy Registrar furnished them with copies of the typed proceedings and judgment, to enable them draft written submissions.
4. I shall accordingly direct the Deputy Registrar to follow up to ensure the said appellants are furnished with the records and that their written submissions are received.
5. I shall allocate a date for mention at the delivery of this ruling.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 19TH DAY OF MARCH, 2021
W MUSYOKA
JUDGE